I wanted to inform you of a Florida law regarding texting customers of your business. This can affect you even if you are not in Florida.
Florida enacted the Private Right of Action for Telemarketing and Text Marketing in July of 2021. It dramatically impacts any business that engages in text message marketing to Florida residents. The issue in the law (besides direct consent and the ability to stop the texts by opting out) is that the number you text from must be a number that the caller can call back and reach a person at your business.
The law allows for damages of $500 per violation. Currently, a resident in Florida is taking advantage of the law by signing up for texting services and then suing small businesses for these violations – including consignment & resale stores. AND HE IS WINNING!
Anecdotally, I am hearing that he is settling with small businesses for between $500 - $1,500 per merchant just trying to squeeze some cash out of them but I don’t have hard documentation on that.
My recommendation to all, regardless of your store location, is to immediately stop texting until you have your system updated for a text recipient to be able to make a call to a real person.
Neil
